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I'm still waiting for someone at FoxNews which constantly claims the federal government has exclusive power over "immigration" to quote the wording in our Constitution under which the president or Congress has been granted a power to flood a state with unwanted "refugees".

I certainly cannot find a power delegated to Congress or the President in our written Constitution repealing a power exercised by the States under the Articles of Confederation during which time each state was free to regulate immigration into their own state. But there is an exception made to this power under our existing Constitution which the States knowingly and willingly agreed to ___ the exception being Article 1, Section 9, which reads:

"The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person."

The above delegated power allows Congress to lay a tax or duty on the importation of foreigners, but leaves each State otherwise free to admit whom they please and set its own immigration policy in a manner which serves each particular State's interests, general welfare and safety.

So, the question remains, under what wording in our Constitution has Congress or the president been delegated a power to admit tens of thousands, or even millions of poverty stricken or destitute foreigners on to American soil and then require unwilling states to accept them?

Let us recall what Chief Justice Marshall emphasized while the ink was barely dry on our existing Constitution:

"The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained?" ______ MARBURY v. MADISON, 5 U.S. 137 (1803)

JWK

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. ___ Madison, Federalist Paper No. 47